October 01, 2018

USCIS Begins Implementing New Policy to Refer Certain Denied Applicants to Deportation Court

Starting today, October 1, 2018, the US Citizenship and Immigration Service (USCIS) may issue Notices to Appear (NTA) on denied applications which terminate the applicant’s status, including but not limited to, Form I-485, Application to Register Permanent Residence or Adjust Status (green card), and Form I-539, Application to Extend/Change Nonimmigrant Status. A NTA starts the removal (deportation) process.

If these applications are denied, the USCIS will send denial letters with instructions to depart the U.S., if the applicants no longer have authorization to stay in the U.S. If the applicant does not depart the United States, the USCIS may issue an NTA. USCIS will provide details on how applicants can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States.

The June 2018 NTA Policy Memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time.

This information is provided as an educational service. For immigration advice and assistance with your immigration application, contact us to meet with Ann Massey Badmus or one of our qualified attorneys.